Any citizen of the United States may appear at the hearing provided for in this chapter and shall be heard in favor of or in opposition to the petition, but all objections to said petition must be in writing and must be filed with the court. Upon the hearing thereof, affidavits, including the affidavit of the petitioner, shall be received in evidence and shall have the same force and effect as if the testimony had been taken by deposition. If, after hearing, the court shall be satisfied by competent evidence of the sufficiency of the petition, that the applicant is a citizen of the United States, that the applicant has been a citizen of the state of North Dakota for one year last past and of the county for more than ninety days preceding the filing of the petition, and that the applicant’s date of birth and place of birth are proven, it shall make appropriate findings of fact and conclusions of law and shall order a judgment to that effect, and such judgment shall be entered in the office of the clerk of the district court upon such order. A judgment establishing the date of birth and place of birth of the petitioner shall be entitled to full faith and credit in the same manner as any other judgment of the courts of this state. If, after hearing, the court is not satisfied that the date and place of birth have been proven, it shall make appropriate findings of fact and conclusions of law and shall enter an order for judgment denying the petition, and a judgment shall be entered upon such order in the office of the clerk of the district court.

Terms Used In North Dakota Code 32-37-04

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • year: means twelve consecutive months. See North Dakota Code 1-01-33